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1 - 10 of 16 (0.22 seconds)Section 2 in The Bombay Public Trusts Act, 1950 [Entire Act]
Madhu Limaye vs The State Of Maharashtra on 31 October, 1977
24. To sum up, the essential attribute of an
interlocutory order is that it merely decides
some point or matter essential to the progress
of the suit or collateral to the issues sought
but not a final decision or judgment on the
matter. in issue. An intermediate order is one
which is made between the commencement
of an action and the entry of the judgment.
Untwalia J. in the case of Madhu Limaye v.
State of Maharashtra(supra) clearly meant to
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NEUTRAL CITATION
C/FA/3112/2024 ORDER DATED: 19/09/2024
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convey that an order framing charge is not an
interlocutory order but is an intermediate
order as defined in the passage, extracted
above, in Corpus Juris Secundum, Vol. 60. We
find ourselves in complete agreement with the
observations made in Corpus Juris Secundum.
It is obvious that an order framing of the
charge being an intermediate order falls
squarely with in the ordinary and natural
meaning of the term 'interlocutory order'. as
used in s. 11(1) of the Act. Wharton's Law
Lexicon (14th Edition, p. 529) defines
interlocutory order thus:
Section 40 in The Bombay Public Trusts Act, 1950 [Entire Act]
The Code of Civil Procedure, 1908
Section 4 in The Bombay Public Trusts Act, 1950 [Entire Act]
Section 11 in The Bombay Public Trusts Act, 1950 [Entire Act]
The Code of Criminal Procedure, 1973
Deep Chand And Others vs Land Acquisition Officer And Others on 2 February, 1994
In the case of Deep Chand and Others (supra), in
paragraph No.5, the Hon'ble Apex Court has
observed, which is as under;